EPA Lets Contractors Spy on Secret Pollution Secrets
Published Date: 9/9/2026
Notice
Summary
The United States Environmental Protection Agency's (EPA's) Office of Enforcement and Compliance Assurance (OECA) intends to authorize a contractor and several subcontractors to access information that will be submitted to the EPA under the Clean Air Act (CAA), the Act to Prevent Pollution from Ships (APPS), and the American Innovation and Manufacturing Act (AIM) that may be claimed as, or may be determined to be, confidential business information (CBI).
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
EPA Grants Contractors Access to CBI
The EPA plans to allow contractor Eastern Research Group (ERG) and its listed subcontractors to access information submitted to EPA under the Clean Air Act, APPS, and AIM that may be claimed as confidential business information (CBI). This access begins on September 15, 2026 and will continue until June 26, 2031 under Contract Number 68HERL26A0022.
Contractors Must Use NDAs and Follow CBI Rules
EPA states that ERG and its subcontractors must handle claimed CBI in accordance with 40 CFR part 2, subpart B, and that personnel requiring access must sign written non-disclosure agreements before receiving the data. This requirement applies to the contractor and subcontractor staff who will view CBI under the contract.
EPA Will Notify Companies Before New Subcontractors Access CBI
If ERG hires additional subcontractors that require access to CBI under the contract, the EPA will notify affected companies and give them an opportunity to comment either by letter or by publishing another Federal Register notice. This provides a chance for affected submitters to respond before new disclosures occur.
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Key Dates
Department and Agencies
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